Back
2026 Supreme(Online)(Ker) 13701
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, CJ, SYAM KUMAR V.M., J
A.K. MUSTHAFA – Appellant
Versus
SHAJI VAYARAL PADINGAREL – Respondent
RCREV. NO. 316 OF 2025
For the Appellants/Petitioners: R. Parthasarathy
For the Respondents: P.K. Mohamed Jameel, Suharabi Kanneth, Smrithi Harris
Important Points
Subject
Property Law - Rent Control
Act Referred
Headnote
| Table of Content |
|---|
| 1. the court discussed the landlord-tenant relationship and the requirement for arrear payments. (Para 1 , 2) |
| 2. future defaults may lead to eviction proceedings. (Para 3) |
JUDGMENT SOUMEN SEN, C.J .
Heard Mr. R. Parthasarathy, learned counsel for the revision petitioner and Mr. P.K. Mohamed Jameel, learned counsel for the respondent.
2. This revision is arising out of the judgment dated
18.01.2025 in RCA No.43/2025 of the Rent Control Appellate Authority, Thalassery. The findings regarding the landlord- tenant relationship recorded by the Rent Control Court and affirmed by the Appellate Authority are only prima facie in nature and shall not prejudice the issue to be finally adjudicated in the proceedings under Section 11 of the Kerala Building (Lease and Rent Control) Act. However, the said issue shall be decided, provided the present petitioner pays the entire arrears as determined by the Rent Control Court within two weeks from today, failing which, the defence of the petitioner shall be struck off under Section 12(3) of the Kerala Building (Lease and Rent Control) Act.
3. We further make it clear that any future default during the pendency of the said proceedings, based on the findings of the Rent Control Court, shall entitle the landlord to seek striking off the defence and to pray for eviction on that ground.
4. The RC Rev. is accordingly disposed of.
Sd/-
